Difference between revisions of "Tenant’s Rights of Entry, Quiet Enjoyment, and Privacy (19:VII)"

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=== 1. Tenant: Changing the Locks ===
=== 1. Tenant: Changing the Locks ===


If the landlord changes the locks in contravention of s 31 of the RTA, the Arbitrator may grant an order authorizing the tenant to change the locks. Also, if a tenant applies for dispute resolution, an Arbitrator can grant permission to allow the tenant to change the locks, and give  the tenant the right to withhold a copy of a key from the landlord if the Arbitrator is satisfied that the landlord may contravene s 31.It  should be noted that changing a lock without an order can be grounds for eviction. To change the lock legally, the tenant must follow the procedure set out in RTA, s 31(2). D.Cash Payment Rules Section 26(1) provides that a landlord must provide a tenant with a receipt for rent paid in cash. If a tenant makes a cash payment and receives  no receipt, the tenant should send a letter to the landlord confirming the payment, or pay with a witness present. E.Personal Property: Non-Payment of Rent Whether or not a tenant pays rent in accordance with the tenancy agreement, a landlord must notseize  any personal property of the tenant, or  prevent or interfere with the tenant’ s  access to the tenant’ s  personal property (RTA, s 26(3)). The only exceptions are if the landlord has a  court order authorizing the action, or if the tenant has abandoned the rental unit and the landlord complies with the regulations: see RTA ss (4)(a) and (b).
If the landlord changes the locks in contravention of s 31 of the RTA, the Arbitrator may grant an order authorizing the tenant to change the locks. Also, if a tenant applies for dispute resolution, an Arbitrator can grant permission to allow the tenant to change the locks, and give  the tenant the right to withhold a copy of a key from the landlord if the Arbitrator is satisfied that the landlord may contravene s 31. It  should be noted that changing a lock without an order can be grounds for eviction. To change the lock legally, the tenant must follow the procedure set out in RTA, s 31(2).  
 
== D. Cash Payment Rules ==
 
Section 26(1) provides that a landlord must provide a tenant with a receipt for rent paid in cash. If a tenant makes a cash payment and receives  no receipt, the tenant should send a letter to the landlord confirming the payment, or pay with a witness present.  
 
== E. Personal Property: Non-Payment of Rent ==
 
Whether or not a tenant pays rent in accordance with the tenancy agreement, a landlord must not seize any personal property of the tenant, or  prevent or interfere with the tenant’s access to the tenant’s personal property (RTA, s 26(3)). The only exceptions are if the landlord has a  court order authorizing the action, or if the tenant has abandoned the rental unit and the landlord complies with the regulations: see RTA ss (4)(a) and (b).

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